Brenda Albert v. City of Wheeling

In this proceeding the circuit court dismissed the plaintiffs complaint under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The circuit court found as a matter of law that the defendant, City of Wheeling, was absolutely immune from liability “for all claims arising out of or related in any way to fire protection.” In order to affirm the circuit court’s erroneous ruling, the majority opinion expressly and implicitly overruled precedents, and has rewritten the statute that provides limited immunity for losses caused during the delivery of fire protection. While the majority did…